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Employment Law

DEI on the chopping block? Appeals court tees it up

08/25/2023
A federal appeals court just made it harder for some employers to defend against discrimination claims, and the ruling could set up a big Supreme Court fight that may put diversity, equity and inclusion programs in jeopardy nationwide.

Conservative group sues, claiming DEI programs discriminate

08/25/2023
Predictions of an assault on employers’ diversity, equity and inclusion programs appear to be coming true. Hoping to piggyback on the argument that persuaded the U.S. Supreme Court to outlaw affirmative action at colleges and universities, a conservative group has sued two law firms for programs designed to increase diversity in the legal profession.

Beware bias claims if you use AI to screen applicants

08/23/2023
If you use AI to screen applicants, watch out! The EEOC is primed to spot evidence of AI-caused discrimination.

Federal AI in employment legislation may be coming

08/21/2023
The No Robot Bosses Act would prohibit employers from exclusively relying on AI when making hiring, promotion or other employment decisions. In addition, it would require periodic testing to prevent bias from influencing AI processes and built-in bias.

Stopping harassment is mandatory, warning employees maybe not

08/21/2023
Employers are required to stop harassment when it occurs by taking reasonable actions such as disciplining the harasser. But do employers have an obligation to warn other employees about harassers in their midst?

Using tip credit to pay employees? Follow DOL’s 80/20 rule

08/21/2023
How should you pay employees who receive tips but also perform other non-tipped work? That’s where the Department of Labor’s 80/20 tip-credit rule comes into play.

Strike 2! Umpire who alleged race bias loses lawsuit appeal

08/21/2023
Angel Hernández, widely regarded as one of Major League Baseball’s worst umpires, failed to convince a federal appeals court that he missed out on plum assignments because of race discrimination.

Help staff with hearing impairments succeed

08/16/2023
The ADA requires employers to reasonably accommodate disabled applicants and employees so they can perform the essential functions of their jobs. What’s reasonable depends on the size of the employer, its assets and resources, and whether the requested accommodation is unduly expensive or disruptive.

Class-action risk: Comply now with PUMP Act

08/16/2023
The PUMP Act gave employees the right to sue their employers in federal court if they were denied milk expression breaks in a private location that’s not a bathroom. Now, just months later, the first PUMP Act lawsuit has been filed, on behalf of all similarly situated employees of the U.S. Postal Service.

Proposed rules explain how to comply with PWFA

08/14/2023
The Pregnant Workers Fairness Act, which took effect June 27, requires employers with 15 or more employees to make reasonable accommodations when workers need them because of pregnancy, childbirth or related medical conditions, such as fertility treatments or postpartum depression.